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PLATE GLASS WINDOW
Q: In a restaurant, I walked right into a plate glass window. The
restaurant was so constructed that the windows could be lowered into the
basement. At those times, the window space was used as a means of going in
and out. I had entered the restaurant when the windows were down. I had
often used the window space both to enter and to leave the restaurant.
On the day of my accident, when I left the bar to go out of the restaurant,
there was no obstruction between the bar and the window, no signs or
posters to warn that the window was not open, and no posters on the window.
Of course, I assumed that I was passing through an unobstructed exit.
A: In a well-known case, the plaintiff testified that, when about to cross
a railroad, she looked in the direction of an approaching car in full view and
did not see it. The Court responded that she was bound to see it. She was
bound to see what by the proper use of her senses she might have seen. As a
rule of law, the statement that a witness does not see what he or she should
have seen is not worthy of credibility.
Your attorney will argue that that rule certainly does not apply here.
The route now partitioned by glass had been used freely in the past as an
entrance and an exit. Today, the glass was not made visible by posters or any
other device. Surely, you were not bound to see what in fact could not be seen.
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